DUI Immigration Consequences

If you or a loved one has been convicted of a DUI, you might be wondering what immigration consequences does a DUI conviction have. Throughout this post, we will discuss the different immigration consequences that come from a conviction of a DUI.

Can You be Deported for a DUI in California?

For persons who are not U.S citizens, a single conviction of a misdemeanor DUI will not have any adverse immigration consequences because a conviction of a DUI is not a violent crime, and it is not a crime that involves deceit. As such, if you have been convicted of one misdemeanor DUI that does not involve drugs, you should not worry too much as it will not have any adverse immigration consequences.

That said, certain driving under the influence convictions can have adverse immigration consequences.

For example, if you’re convicted of a DUI while having your child in the car with you, a conviction can lead to you being deported or marked as inadmissible to the United States.

Also driving under the influence of drugs can have negative immigration consequences because U.S immigration law has adverse consequences for all crimes involving drugs, and this includes DUIs that involve a person driving under the influence of drugs.

Although a single misdemeanor DUI is unlikely to result in you being deported, having multiple DUI convictions and convictions of other crimes can cause you to become inadmissible to the United States or get you deported from the U.S.

What Happens If You’re Arrested for a DUI and You’re Not Legally in the United States?

If you’re arrested for a DUI and you’re not legally present in the United States, maybe deported not because he was arrested for drunk driving, but because he was caught being illegally present in the United States. The only way to prevent beyond reported is to not drink and drive in order to avoid being your status as illegal from being exposed.

California is a Sanctuary State, meaning that if you’re arrested for a DUI and you’re able to identify yourself to law enforcement using an AB 60 driver’s license, the police will not contact ICE to deport you from the United States. So, always keep some form of official identification on your person to avoid being deported.

That said, the only way to avoid being deported is to not drink and drive. If you’re in the United States illegally, and you have been charged with a DUI, you should immediately contact an experienced DUI Attorney to represent you and defend you. Our attorneys have defended countless individuals, often achieving excellent results for our clients.

DUI Convictions and Immigration Law

Most persons who are in the U.S legally, such as on a student or tourist visa, or are in the process of applying for U.S Citizenship, will not face adverse immigration consequences are a result of being convicted of a single misdemeanor DUI charge. This is so because DUIs are not classified as crimes involving moral turpitude, which is conduct that is so egregious that it shocks the public. DUIs have become acceptable in society, and so the immigration consequences are little to none. You may be asked about when the time comes to obtain your citizenship, but it is unlikely to cause any immigration problems, so long as you go through the legal process and comply with the court’s requirements.

Also, a DUI is not a specific intent crime, meaning the defendant does not have to have a specific mental state in order to be convicted for drunk driving. As such, the defendant did not have the criminal intent to commit a crime, making it a minor crime when it comes to immigration purposes. However, if you commit several DUIs, this shows that you’re a threat to society, and your convictions may cause you to be deported or marked as inadmissible to the United States.

DUI Involving Drugs

Although a simple first offense DUI that involves alcohol is not a deportable offense, a first offense DUI involving drugs may cause a person to suffer negative immigration consequences. This is so because drug crimes are a category of crime for which a person can be deported or marked as inadmissible to the United States. So, if you are convicted of a DUID (DUI involving drugs), you can be subject to being removed from the United States.

Immigration Consequences if You’re Convicted of Multiple DUIs

If you’re convicted of multiple DUIs, you will most likely be marked as inadmissible to the United States because a conviction of two or more offenses is ground for inadmissibility to the United States.

Contact an Experienced DUI Attorney

If you or a loved one has been charged with a DUI and you’re in the United States illegally or you’re worried about your application to become a U.S Citizen, you should immediately contact an experienced DUI attorney at The H Law Group as they will be able to give you the most accurate information as to what to expect in terms of DUI immigration consequences based on the specific facts of your case. Our attorneys have handled thousands of cases, so they have the knowledge and experience necessary to achieve the best possible results for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.

Frequently Asked Questions

1) Does DUI affect immigration status?

A first offense misdemeanor DUI that only involves alcohol and not any drugs will not affect your immigration status. However, a drug DUI can have adverse immigration consequences.

2) Can a DUI get you Deported?

A DUI can get you deported if you have multiple DUI convictions or if you’re convicted of a DUI that involves drugs.

3) Can you Renew DACA with a DUI?

DACA is discretionary, if you have been convicted of a DUI, you may be marked as ineligible for DACA. For the best information, contact an experienced immigration attorney in your jurisdiction and ask them this question. Only he or she will be able to answer this question correctly after looking at the facts of your case.

4) Can you be Denied Citizenship for a DUI?

Although a single DUI is unlikely to get your application for U.S citizenship denied, you might be asked some questions about why you were convicted of it.

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Charged with a Crime?


Act now to protect your legal rights.